## Facts

- Jing Brand Company, Ltd. (Jing Brand), described in English-language summaries as a well-known brand in China, applied to register a trademark consisting of the words “China Jing Wine” together with a visual design element.
- In the proposed mark, “Jing” was emphasized in a larger, more prominent font than “China.”
- The Trademark Appeal Board of the State Administration for Industry and Commerce (the Board) rejected the application, citing a statutory provision barring use of the national name in a trademark.
- Jing Brand sought judicial review in the Intermediate People’s Court of Beijing, arguing that “China” appeared only to indicate country of origin, not as the source-identifying element.
- The Intermediate People’s Court of Beijing held the Board’s rejection invalid.
- The Board appealed, and the Higher People’s Court of Beijing affirmed the Intermediate People’s Court’s judgment.
- The Board then appealed to the Supreme People’s Court of the People’s Republic of China.

## Issues

1. Whether a composite mark containing the term “China” must be refused under the statutory prohibition on use of the national name when the applicant asserts the term functions only as an indication of origin.
2. Whether the mark should be evaluated as a whole, including the visual prominence of “Jing” relative to “China,” in determining whether the national-name bar applies.
3. Whether the Board’s refusal should be set aside on judicial review where the challenged term is presented as a subordinate element in a composite trademark.

## Decision

- The Intermediate People’s Court of Beijing invalidated the Board’s rejection of Jing Brand’s application.
- The Higher People’s Court of Beijing affirmed the Intermediate People’s Court’s judgment.
- The Board pursued further review in the Supreme People’s Court of China.
- Publicly accessible English summaries confirm the above posture and the focus on the “China Jing Wine” mark, but do not provide a verifiable, citable statement of the Supreme People’s Court’s final disposition or its full reasoning.

## Legal Principles

- Chinese trademark law contains a statutory restriction on registering trademarks that use the state name “China,” subject to limited exceptions under the statute and related rules.
- In disputes over refusal of registration, courts may review whether an administrative authority correctly applied statutory refusal grounds to the applied-for mark.
- For composite trademarks, decision makers may consider the sign’s overall presentation, including which element is visually dominant, in assessing how relevant consumers are likely to understand the mark.
- A national or geographic term may be argued to serve a descriptive function (such as indicating origin) rather than acting as the identifying brand element; whether that argument succeeds depends on how the term operates within the mark as presented.

## Conclusion

Jing Brand concerns a trademark application for the composite mark “China Jing Wine,” rejected by the Trademark Appeal Board under a statutory prohibition on use of the national name “China,” and then invalidated by the Beijing Intermediate People’s Court and affirmed by the Beijing Higher People’s Court; the dispute highlights how the role of “China” within the overall mark (including the prominence of “Jing”) can matter when deciding whether the national-name bar applies, although publicly available English summaries do not supply a reliably quotable statement of the Supreme People’s Court’s final holding or reasoning.


Jing Brand Co. v. Trademark Appeal Board of the State Administration for Industry and Commerce, China Supreme People’s Court (2010)